Region: North America

The European Commission has approved a bilateral agreement under which Canada and the European Union will commit to protect each other's geographical indications for wines and spirits. Under the agreement, names such as Chablis, Marsala or Port will only be used in Canada to label European wines.

15 September 2003

In order to promote its streamlined online procedures, the Canadian Intellectual Property Office (CIPO) has announced that as of January 1 2004, it will offer reduced fees to those filing trademark applications and renewing registrations online.

08 September 2003

A British Columbia International Commercial Arbitration Centre panel has ordered the transfer of nine '.ca' domain names to the Canadian government. Applying the CDRP the panel found that, under a 'first impression' test, the domain names were confusingly similar to official and common law marks in which the government has rights.

31 July 2003

In <i>Quebec Inc v Quebec Inc</i>, the Quebec Superior Court has granted a motion for a permanent injunction prohibiting the defendant from using the corporate names 'Restaurant L'Ancestral' and 'Restaurant La Maison L'Ancestral II' for its restaurant. The court held that both names were confusingly similar to the 'Restaurant L'Ancestral' name used by the plaintiff.

28 July 2003

In <i>Alticor Inc v Nutravite Pharmaceuticals Inc</i>, the Federal Court of Canada has affirmed a Trademark Opposition Board decision to allow the registration of the term 'Nutravita' as a trademark. The court concluded that the marks NUTRAVITA and NUTRILITE would not be confusingly similar when used in association with vitamins, minerals and herbs.

24 July 2003

In <i>Bauer Nike Hockey Inc v Roller Derby Skate Corporation</i>, the Federal Court of Canada has granted the plaintiff summary judgment to enforce a trademark infringement settlement the company had reached with the two defendants, Tour Hockey and Roller Derby, essentially holding that a deal is a deal.

07 July 2003

In <i>Air Products Canada Ltd v Index Quebec Inc</i>, a CIRA panel has decided not to order the transfer of 'airproducts.ca' to the complainant. In doing so, the panel took a broad approach to the determination of 'confusingly similar' and a liberal view of <i>bona fide</i> business plans which may negate accusations of bad faith, further clarifying the scope of the CDRP.

11 June 2003

In <i>Canadian Broadcasting Corporation v Quon</i>, a three-member panel of the Canadian Internet Registration Authority has opened the way for trademark owners to point to surrounding circumstances in cases where the domain name registrant's activities may not fall squarely within one of the three bad-faith factors mentioned in CIRA's Dispute Resolution Policy.

06 June 2003

In <i>Boston Pizza International Inc v Boston Market Corporation</i>, the Federal Court of Canada has refused to grant an interlocutory injunction against the defendant so as to prevent its pre-trial use of the mark BOSTON MARKET in association with restaurant services and the sale of prepared foods.

02 June 2003

In <i>American Sporting Goods Corporation v Sears Canada Inc</i>, the Federal Court of Canada has upheld the registrar of trademarks' decision to refuse the plaintiff's application to register the term 'Nevados' as a trademark for footwear. Sears Canada thereby successfully protected its mark NEVADA for the same goods.

28 May 2003